Introduction
(1)
The African Commission on Human and Peoples’ Rights (the
Commission) has described the right to life as the fulcrum of all
other rights. It is non-derogable, and applies to all persons at all
times. In General Comment No. 3, the Commission clarifies the
nature of the right to life as recognised in Article 4 of the
African Charter on Human and Peoples’ Rights (the Charter)
and the extent of the obligation it imposes upon States Parties. It
is designed to guide the interpretation and application of the
right to life under the Charter and to ensure its coherent
application to a range of situations, including its
implementation at the domestic level. The General Comment
does not put in place new standards or highlight best practices
but rather sets out the Commission’s perspective on dimensions
of this universally recognised right.
(2)
The Charter imposes on States a responsibility to prevent
arbitrary deprivations of life caused by its own agents, and to
protect individuals and groups from such deprivations at the
hands of others. It also imposes a responsibility to investigate
any killings that take place, and to hold the perpetrators
accountable. This intersects with the general duty, recognised in
the Charter, of all individuals to exercise their rights and
freedoms with due regard to the rights of others. Organised
crime and terrorism can pose significant threats to the
enjoyment of the right to life and require a robust State
response, but one that at all times takes into account the
requirements of international human rights law.
(3)
The General Comment proceeds from an understanding that
the Charter envisages the protection not only of life in a narrow
sense, but of dignified life. This requires a broad interpretation
of States’ responsibilities to protect life. Such actions extend to
preventive steps to preserve and protect the natural environment
and humanitarian responses to natural disasters, famines,
outbreaks of infectious diseases, or other emergencies. The State
also has a responsibility to address more chronic yet pervasive
threats to life, for example with respect to preventable maternal
mortality, by establishing functioning health systems. Such an
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